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3rd Year (2nd Sem) > LA- The Actual Workplace > Flashcards

LA- The Actual Workplace Flashcards

1
Q
  • includes all rules of law governing the conditions under which persons may work under the control of others called an employer
  • relevant concepts: labor standards and labor relations law
A

labor law

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2
Q

persons may work under the control of others called an ____

A

employer

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3
Q

relevant concepts under labor law:

A
  1. labor standards
  2. labor relations law
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4
Q

the two concepts of labor law governs

A
  • work hours
  • weekly rest periods
  • minimum wage rates
  • unfair labor practices
  • strikes and lockouts
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5
Q
  • prescribe the terms and conditions of employment
  • affects monetary benefits and occupational health, safety, and welfare of the workers
A

labor standards

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6
Q

minimum requirements prescribed by existing laws

A

labor standards

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7
Q

relates to monetary and welfare benefits

A

labor standards

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8
Q

labor standards relates to monetary and welfare benefits

A
  • wages
  • work hours
  • cost of living
  • allowance
  • occupational, safety, and health standards
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9
Q

deals with minimum terms & conditions that an employee is entitled to and that an employee is obliged to give to employees

A

labor standards

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10
Q

used to denote all matters arising out of an employer- employee relationship involving collective bargaining agreement and negotiation process

A

labor relations

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11
Q

labor relations are used to denote all matters arising out of an employer- employee relationship involving (2)

A
  • collective bargaining agreement
  • negotiation process
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12
Q

its legal provisions deal with employees organizing unions and how through unions, employees are able to have collective bargaining

A

labor relations

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13
Q

the rules and regulation under labor relations include

A
  1. promote right of employees
  2. penalize unfair labor practice
  3. provide modes of settlement of labor disputes
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14
Q

labor standards and labor relations are not mutually exclusive but __.

A

complementary

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15
Q
  • organized by labor unions
  • occurs spontaneously or as a protest
A

strikes

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16
Q
  • company prevents employees from working as a form of protest
  • used as means of forcing employees to accept certain demands
A

lockouts

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17
Q

five (5) classifications of labor laws

A
  1. protective legislation
  2. welfare/ social legislation
  3. diplomatic legislation
  4. administrative legislation
  5. labor relations legislation
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18
Q

designed to protect the weaker party to the employment contract
- anti-sexual harassment laws, child labor, protect women against discrimination

A

protective legislation

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19
Q
  • remove/ reduce the insecurity of workers while at work due to hazards arising from employment
  • sss, gsis, philhealth, workmen’s compensation act
A

welfare/ social legislation

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20
Q
  • settle labor disputes through pacific modes
  • laws providing for conciliation, mediation, grievance machinery, arbitration
A

diplomatic legislation

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21
Q

mild form of intervention through a neutral third party

A

conciliation

22
Q
  • creates labor bodies or agencies for administrative purposes
  • regulation of government agencies
A

administrative legislation

23
Q

poea

A

Philippine Overseas Employment Administration

24
Q

NLRC

A

NATIONAL LABOR RELATIONS COMMISSION

25
Q

a stand-alone court of expertise in labor law

A

NLRC

26
Q

TESDA

A

Technical Education and Skills Development Authority

27
Q

-prescribe minimum requirements relating to wages, work hours, cost of living, allowances, and other monetary and welfare benefits

A

labor relations legislation

28
Q

a significant constitutional provisions concerning work

A

section 3, article XIII of the 1987 constitution

29
Q

explain constitutional provisions concerning work

A

state shall:
- afford full protection to labor (local and overseas; organized and unorganized)
- promote full employment and equality of opportunities
- guarantee rights of all workers to self-organization, collective bargaining, and negotiations
- entitled to security of tenure, human conditions of work and a living wage
- participate in policy and decision- making processes affecting their rights and benefits as provided by law

30
Q

nine (9) worker’s rights

A
  1. right to self- organization
  2. collective bargaining
  3. security of tenure
  4. right to just and human conditions at work
  5. right to peaceful concerted activities
  6. right to strike
  7. right to a living wage
  8. right to participate in policy and decision- making processes
  9. right to just share in the fruits of production
31
Q

examples of the right to just and human conditions at work

A

right to regular working hours
regular working days
overtime pay
weekly rest period
compensation for holiday work
hospitalization

32
Q

three (3) employer’s rights

A
  1. reasonable return on investment
  2. expansion and growth
  3. exercise management prerogative
33
Q

the ten (10) under employer’s rights- exercise management prerogative

A
  1. lay down and execute management policies
  2. to hire
  3. transfer
  4. discipline
  5. dismiss
  6. retrenchment
  7. declare redundancy
  8. to cease operations
  9. to sell the company
  10. to abolish positions
34
Q

this exists during period of business recession, industrial depression, or seasonal fluctuation

A

retrenchment

35
Q

it exists where the services of an employee are in excess of what is reasonably demanded by the actual requirements of the enterprise

A

to declare redundancy

36
Q

the management may cease business operations/ undertaking even if it is not from suffering from serious business losses as long as he pays his employees their terminating pay in the amount corresponding to their length of service

A

to cease operations

37
Q

TRUE/ FALSE: termination of employer-employee relationship is valid if there is serious misconduct/ willful disobedience by the employee of the lawless orders of the employer or representative in connection with work

A

FALSE (lawless- lawful)

38
Q

TRUE/ FALSE: there can be termination if there is gross habitual neglect by the employer of his duties

A

FALSE (employer- employee)

39
Q

TRUE/ FALSE: there can be termination if there is fraud/ willful breach by the employee of the trust imposed in him by his employer or fully authorized representative.

A

TRUE

40
Q

TRUE/ FALSE: there can be termination if there is commission of a crime/ offense against the person or his employer or any immediate member of his family and his duly authorized representative.

A

TRUE

41
Q

article 83

A

normal hours of work shall not exceed 8 hours

42
Q

TRUE/ FALSE: article 83 states that normal work hours should not exceed 12 hours.

A

FALSE (12 hours- 8 hours)

43
Q

article 84

A

hours worked

44
Q

article 85

A

the duty of the employer to give his employees (regardless of gender), not less than 60 minutes time off for regular meals. breaks run form 5-20 minutes, and are considered as compensable working time

45
Q

TRUE/ FALSE: article 86 states that the duty of the employer to give his employees (regardless of gender), not less than 60 minutes time off for regular meals.

A

FALSE (article 86- article 85)

46
Q

article 85 states that breaks run from ____, and are considered as ___.

A

5-20 minutes
compensable working time

47
Q

article 86

A

night shift differential

48
Q

every employee shall be paid a night differential or not less than 10% of their regular wage for each hour of work performed by 10PM- 6AM

A

night shift differential (art. 86)

49
Q

article 86 states that every employee shall be paid a night differential or not less than 10% of their regular wage for each hour of work performed by ____.

A

10PM- 6AM

50
Q

TRUE/ FALSE: article 86 states that every employee shall be paid a night differential or not more than 10% of their regular wage for each hour of work performed by 10PM- 6AM.

A

FALSE (not more than 10%- not less than 10%)

51
Q

all employees are entitled to article 86 except:

A
  • domestic helpers
  • government employees
  • retail + service establishments regularly employing not more than 5 workers
  • persons in personal service of another
  • managerial employees
  • officers + members of managerial staff
  • unsupervised field personnel (time and performance)
52
Q

TRUE/ FALSE: all employees are entitled to article 86 except retail + service establishments regularly employing not more than 5 workers

A

TRUE

3rd Year (2nd Sem) (18 decks)

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